Connect Magazine: Issue 4—2015

CAI-GRIE’s mission is: To make a positive contribution to the Common Interest Development Community through education and networking.

connect A PUBLICATION OF THE GREATER INLAND EMPIRE CHAPTER OF CAI

ISSUE FOUR 2015

Advancing the Greater Inland Empire Community Association Experience for 25 Years

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connect A PUBLICATION OF THE GREATER INLAND EMPIRE CHAPTER OF CAI

www.cai-grie.org

OFFICERS Nancy I. Sidoruk, Esq................................................................. President Epsten Grinnell & Howell APC Dana Mathey, AMS, PCAM..............................................President-Elect Euclid Management Company Linda Cooley...................................................................... Vice-President Rosetta Canyon Community Association Lana Hamadej, LSM, PCAM..................................................... Secretary Avalon Management Group, AAMC Jeremy Wilson, MBA, CCAM, CMCA, AMS, PCAM ................ Treasurer Associa-PCM/Sun Lakes Country Club Kimberly Lilley, CMCA, CIRMS...........................................Past President Berg Insurance Agency, Inc. BOARD DIRECTORS Greg Borzilleri......................................... PCW Contracting Services, Inc. George Gallanes, CMCA....................................Sunnymead Ranch PCA Cyndi Koester, CMCA, AMS, PCAM................................. Sunwest Bank Cang Le, Esq............................................................ .Adams Stirling, PLC Nick Mokhlessin...............................ValleyCrest Landscape Maintenance Brian D. Moreno, Esq................................................. SwedelsonGottlieb Chet Oshiro.........................................................................EmpireWorks Shelly Risbrudt............................................Pilot Painting & Construction Kristie Rose, CMCA, AMS, PCAM........................ FirstService Residential CHAPTER EXECUTIVE DIRECTOR DJ Conlon, CMCA ADMINISTRATIVE ASSISTANT Ginny Aronson-Hoke EDITOR IN CHIEF Cang Le, Esq. ........................................................... Adams Stirling, PLC PUBLICATIONS COMMITTEE Linda Cooley.............................Rosetta Canyon Community Association Robert Riddick, CMCA.......................................Sunnymead Ranch PCA Betty Roth, CCAM, CMCA, AMS, PCAM.............. Avalon Management

Group, AAMC Nancy I. Sidoruk, Esq. .............................Epsten Grinnell & Howell, APC

Table of Contents Features 4 El Niño, Rainfall, and Slopes

27 25 Years of Growth

By Douglas S. Santo, PG, CEG, CHG and Arumugam Alvappillai, Ph.D, PE, GE

By Peter E. Racobs, Esq.

8 CAI: A Retrospect

By Kevin Davis & Jan Savvy

10 Observations & Perspectives

By Skip Daum

15 Recent Court Decisions of 2015

By Tracy F. Linkowski, Esq.

18 The Past is Prologue

By Jon H. Epsten, Esq., CCAL

21 The Legislative Year That Was

By Matt D. Ober, Esq., CCAL

26 Western Municipal Water District: Ready to Meet the Challenges of Drought and Beyond

28 It Just Keeps Getting Better & Better

By Robert Riddick, CMCA

Departments

7 President’s Message

By Nancy I. Sidoruk, Esq.

12 Editor's Link

By Cang Le, Esq.

14 TOPS Award Winners & Highlights

By John Rossi

DESIGN & PRODUCTION Kristine Gaitan..................Rey Advertising & Design/The Creative Dept.

All articles and paid advertising represent the opinions of authors and advertisers and not necessarily the opinion of either Connect or the Community Associations Institute – Greater Inland Empire Chapter. Information contained within should not be construed as a recommendation for any course of action regarding financial, legal, accounting or other professional services and should not be relied upon without the consultation of your accountant or attorney.

Connect is an official quarterly publication of Greater Inland Empire Chapter of the Community Associations Institute (CAI–GRIE). The CAI–GRIE Chapter encourages submission of news and articles subject to space limitation and editing. Signed letters to the editor are welcome. All articles submitted for publication become the property of the CAI–GRIE Chapter. Reproduction of articles or columns published permitted with the following acknowledgment: “Reprinted with permission from Connect Magazine, a publication of the Community Associations Institute of Greater Inland Empire Chapter.”

The Greater Inland Empire Chapter of CAI hosts educational, business

Copyright © 1998–2015 CAI-Greater Inland Empire Chapter.

Community Association owners and managers serving the Community

and social events that provide the Chapter’s Business Partners various opportunities to promote their companies’ products and services to

Advertising, articles or correspondence should be sent to: CAI-GRIE Chapter 5029 La Mart, Suite A • Riverside, CA 92507-5978

Association Industry. It is expected that all participants in Chapter events —

(951) 784-8613 / fax (951) 848-9268 info@cai-grie.org

whether they be educational, business or social — will conduct themselves in a professional manner representative of their business or service organization so as not to detract from the experience of others seeking to benefit from their membership in the Chapter.

CONNECT WITH GRIE • ISSUE FOUR 2015

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El Niño, Rainfall & Slopes

California Style

BY DOUGLAS S. SANTO, PG, CEG, CHG & ARUMUGAM ALVAPPILLAI, PH.D, PE, GE

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ISSUE FOUR 2015 • CONNECT WITH GRIE

California is experiencing a severe multi-year drought – now in its fourth year. The drought has resulted in reduction of surface water and groundwater resources, the lowest Sierra snow pack in possibly 500 years, increased wildfire events, and statewide efforts to conserve our dwindling water resources.

Historic rainfall records in southern California indicate droughts occur in 10 to 15 year cycles depending on location and micro-climatic conditions near specific recording stations.

T

he El Niño – Southern Oscillation (ENSO) is a heavily studied climate phenomena, and can provide some predictive control in local parts of the United States under certain conditions. ENSO is defined by yearly variations in sea surface temperatures along the equator in the Pacific Ocean between Peru and the International Date Line, and connected fluctuations in sea level air pressures between Tahiti and Darwin, Australia.

The ENSO cycle is characterized by three states: neutral conditions, El Niño – the warm ocean phase, and La Niña – the cold ocean phase.

The Climate Prediction Center of The National Oceanic and Atmospheric Administration currently estimate a 90 percent chance of El Niño conditions in the fall and early winter of 2015. Consensus among forecasters is for an occurrence with a seasurface temperature anomaly greater than 1.5 degrees Celsius, which is the threshold for a strong El Niño event.

Efforts to predict now (at the time of writing, September 2015) if 2016 will be a wet or dry year for California are scientifically difficult. Estimating future rainfall based on causal connections between meteorological or other environmental phenomena occurring a long distance away has a very low accuracy. Experience with the 5 historic El Niño years since 1950 shows almost no correlation between El Niño and precipitation in California.

ENSO’s strongest indicator in California is for southern California to be drier than average in La Niña years.

Having dispensed with El Niño as a predictor of rainfall in California does not change the potential for a wet winter in late 2015 and early 2016. After 4 years of below average rainfall, it would be somewhat surprising if the 2015-16 rainfall year did not bring average or above average rainfall to California. The rainfall year for southern California extends from October to September, with the wettest months usually December through March.

Rainfall and Its Effects on Slopes

Rainfall intensity has been demonstrated to be an important triggering factor in many regions of the United States and this is especially true in California.

Storms that generate intense rainfall for relatively short periods spanning several hours, to moderate intensity events spanning several days, have triggered abundant landslides. Studies have shown that shallow landslides in soil and weathered rock are generated on slopes during the intense parts of a storm and often controlled by thresholds in rainfall intensity, rainfall duration, and slope angle. In the Santa Monica Mountains of southern California, the United States Geological Survey found that rainfall exceeding about 0.25 inch/hour triggered shallow landslides that led to property damaging debris flows. Thresholds that control landsliding are regional and depend on local geologic, geomorphic, and climatologic conditions.

Development of excavation and grading codes related to landslides and other geologic hazards originated in California after World War II. Increasing demand for residential building sites in southern California as GIs returned from war led to development of hillside areas, which were once considered undesirable, marginal land. Increased demand combined with improved earth-moving equipment and technology made development of slope areas economically feasible. Severe rainfall and poorly designed development in the early 1950’s resulted in significant landslide activity and large economic losses. As a result, the city of Los Angeles adopted the nation’s first grading code.

The code has been modified and improved many times

Most modern developments in Southern California perform well over time, but when it comes to common area slopes, attention to detail and regular maintenance are required.

Continued on page 6

CONNECT WITH GRIE • ISSUE FOUR 2015

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El Niño, Rainfall & Slopes Continued from page 5

based on empirical evidence and lessons learned from previous failures.

A study of pre-1963 versus post-1963 building codes analyzed the total number of developed sites versus the total number of site failures resulting from a geologic hazard and showed a significant improvement in site performance under the newer building codes with a 10 fold reduction in failures.

Steps to Maintain Healthy Slopes

Building codes have been widely adopted and have continued to improve from the early days. Most modern developments in southern California perform well over time, but when it comes to common area slopes, attention to detail and regular maintenance are required.

Below is a list of slope related issues that homeowner associations 6 |

ISSUE FOUR 2015 • CONNECT WITH GRIE

should consider as part of regular maintenance operations: • Concrete drainage ditches should be free of soil and vegetation and maintain consistent fall to facilitate drainage.

• Concrete that is spalling or cracked should be repaired and frequently checked.

• Retaining walls at the bottom of slopes should be cleared of loose soil to maintain design freeboard.

• Splash walls on down drains should be maintained to prevent high velocity drainage water from eroding slope areas.

• Subsurface perimeter drains should be free of debris and free draining.

• Slopes should be planted with drought tolerant, low-water use, shallow-rooted vegetation to mitigate potential slope problems.

• Bare dirt areas on slopes should be replanted with vegetation and well-maintained.

• Slopes should be watered a sufficient amount to maintain the vegetation in a healthy condition.

• Slopes should not be overwatered. Areas of standing water on or near a slope indicate too much watering and/or poor drainage. Watering should be reduced, and drainage improved to limit standing water.

• Rodent activity can result in loose and poorly compacted superficial soils that are subject to shallow failure. Rodent burrows should be filled and repaired.

Arumugam Alvappillai, Ph.D, PE, GE, Principal Geotechnical Engineer / Partner – American Geotechnical, Inc. Dr. Alvappilai has more than 23 years experience managing and working on various civil public works projects and geotechnical engineering projects in southern California. Alva’s primary responsibilities include project management, seismic hazard assessments, project planning/ scoping, planning of field investigations, analytical and computer analysis of a wide range of projects, budget management and report writing.

Douglas S. Santo, PG, CEG, CHG Chief Engineering Geologist / Hydro-Geologist – American Geotechnical, Inc. Mr. Santo has more than 25 years experience in southern California in all aspects of the applied earth sciences. He has managed major infrastructure and development projects for public and private sector clients. He has provided engineering geology, hydrogeology, geotechnical engineering, and environmental services for projects ranging from tunnels, dams, bridges, railroads, landfills, hospitals, schools, commercial/industrial developments, large planned communities, and single family residences.

PRESIDENT’S MESSAGE We’ve come to the end of a busy, productive year, and I’d like to thank you all for sharing the Chapter’s 25th anniversary with me. We’ve done what we set out to do, to continue Advancing the Greater Inland Empire Community Association Experience.

In 2015, we fulfilled member needs for valuable education, information, networking, and involvement Nancy I. Sidoruk, Esq., is a opportunities. We provided professional, Senior Attorney with Epsten quality service, saw the fruits of our Grinnell & Howell, APC, efforts result in community successes, and the 2015 CAI-GRIE and applied relevant knowledge to Chapter President. what we do each and every day as community association volunteers, managers and business partners.

Plus, we continued developing community and industry leaders, and strengthening our leadership role as a model CAI chapter, including in the area of legislative support on behalf of community associations. In doing so, we made the Greater Inland Empire a prime force to be reckoned with when it comes to grassroots advocacy and member involvement with respect to community association legislative issues.

If you’ve been following along all year, you may realize that I just mentioned something about each and every one of the nine points we highlighted in 2015, especially at our luncheon programs and in our social and print media: Education & Credentials, Information & Resources, Professionalism; Personal Interactions & Networking; Quality Service; Community Harmony & Success; Relevant Knowledge; Legislative Involvement; and, Leadership. These points

describe the core of what we’re all about and the core of what we need to be if we are to ensure that 25 years from now, we will continue to be as vital an organization, as important a resource, and as meaningful a source of personal and professional connections as we are today.

This year, we also reflected on our regional heritage. Our reflection has been a beautiful expression of where the Greater Inland Empire has been as a region and where it is today. With communities growing and evolving, under the watch of our “purple mountain majesties above the fruited plain,” we move on to a new chapter.

To lead us into that chapter is someone I know will do a great job, and that’s Dana Mathey of FirstService Residential. She’s the consummate professional and a good-hearted person. I look forward to working with her and seeing CAI-GRIE continue to shine under her leadership.

It takes strong personal commitment and a good team of both volunteers and professional staff to lead a successful CAI Chapter.

As for me, I couldn’t have given so extensively of my time and of myself without the unwavering support of everyone at Epsten Grinnell & Howell, APC. I especially would like to thank the firm’s founding shareholder and past CAI-GRIE President, Jon H. Epsten, and its co-managing shareholder, Susan Hawks McClintic, for their commitment to this organization and my involvement with it. I also thank my husband, Peter, for being my rock, my best friend and my most devoted and supportive partner in all of my endeavors over the last nearly twenty years.

It has been an honor to serve as President of CAI-GRIE and I again thank you for accompanying me on this journey toward yet another 25 years of Advancing the Community Association Experience … and beyond.

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CONNECT WITH GRIE • ISSUE FOUR 2015

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BY KEVIN DAVIS & JAN SAVVY

COMMUNITY ASSOCIATIONS INSTITUTE GREATER INLAND EMPIRE

A 25 Year Retrospect 8 |

ISSUE FOUR 2015 • CONNECT WITH GRIE

Time flies by so quickly and it is hard to believe that we have been active members in CAI for 25 years. We have staff members that have served on the CAI Board of Directors as well as chairing and currently serving on committees.

We have seen the membership grow tremendously along with many special relationships throughout the industry.

I

n the landscape industry there have been many changes as well. Some positive and others quite challenging. Thanks to CAI's education, people are much better educated and prepared to manage their common area landscape. We now see more and more HOAs budgeting for both short-term and long-term needs. Plant material overall does have a lifespan. It is not reasonable to believe that plants and equipment are going to last forever. Now, with the drought we are seeing trees as well as plant material becoming weak and more susceptible to pests and disease. This is a big deal that we all need to be prepared for. Years ago we never paid attention to reclaimed water. Now we are contacting our water agencies to see when and how we can get this water source.

Our industry has an old adage that landscape companies just mow lawns. This couldn’t be further from the truth. Today we have to be experts on smart clocks, evapotranspiration, insects, expected rainfall, gallons used per minute not to mention doggy station bags, mulch, decomposed granite and weed abatement. Every industry must find the time to

keep educated as technology and trends change.

The use of cell phones and email has made communication fantastic, except when it doesn’t work. Too often we receive emails to report running water emergencies. We try to educate our clients that email is a wonderful form of communication, but there are times when a phone call to our live staff members will offer a much faster response.

We look forward to partnering with CAI for many more years to come. We appreciate all the learning, the opportunities and friendships made over the years. We will continue to strive at providing excellent service to our clients and staying on the ever-cutting edge of the green industry.

Kevin Davis is the President and Owner of CLS Landscape Management, Inc. CLS was established in 1984 with Corporate Offices in Chino and seven yards throughout Southern California.

CLS presently maintains the landscape maintenance of over 200 HOA clients. Kevin has served on the CAI Board of Directors and has been a frequent speaker at CAI programs.

Jan Savvy is the Senior Quality Control Manager at CLS Landscape Management. Jan has worked with CLS Landscape for 15 years. Jan is a Past President of this CAI Chapter and has chaired several committees over the years.

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CONNECT WITH GRIE • ISSUE FOUR 2015

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Observations & Perspectives Reflections from CAI’s Advocate in Sacramento

By Skip Daum

Some years ago, things were quite different in Sacramento.

Relationships among legislators, staff and lobbyists were tight.

We had easy entrée into their offices, minds, and in committee hearings. Community association issues then were not as controversial or at least we had good backing through the legislature’s policy making process.

T

hen, term limits ushered in hundreds of new legislators and staff persons, bringing opponents of the “HOA” concept and governance process out in force, and the media ratcheted up negative stories about community associations with little or no investigative reporting. Bad news sells.

Often, minor constituent complaints grew exponentially into legislative bills that many newly elected officials, just getting acclimated to their role in Sacramento, took at face value. Unfortunately, that face value often meant believing that isolated incidents, some without facts to support them, represented widespread problems that needed fixing by government. With this approach to legislation, CAI’s thoughtful and nonpartisan pubic policies went unheeded.

Most recently, we’ve seen how a single word prevails in all debates … DROUGHT. It dominated legislators’ 10 |

ISSUE FOUR 2015 • CONNECT WITH GRIE

thought processes about the bills that ushered in artificial turf, recycled water usage, and desert foliage. Municipal water districts came to Sacramento to plead their case, and had little convincing to do. Not that drought concerns aren’t important, but they shouldn’t be viewed in a vacuum.

Similarly, other words like transparency, disclosures, and fair play have also guided legislator votes. That’s why additional disclosures are always being mandated, despite the fact that the various protections afforded by community association governing documents and already-existing laws already provide so much openness and information.

Plus, economic conditions started to create a “them vs. us” attitude in some circles. For example, it became easy to portray gated condominium communities and planned developments, as well as neighborhoods with private streets as elitist and targets for unnecessary legislative attention.

The supposed elitism of community association boards is often touted as a reason to create even more community association legislation, even when those boards are generally made up of well-meaning volunteers. Thus, some good bills die, like the CAI-CLAC sponsored electronic balloting bill that would have authorized optional electronic balloting in California community associations. The buzz word “hacking” surely helped kill it, but unwarranted skepticism about conniving and Continued on page 12

CONNECT WITH GRIE • ISSUE FOUR 2015

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Congratulations CAI Greater Inland Empire on 25 Years!

We are proud to be your continued partner.

800.300.1704 | www.epsten.com SERVING SOUTHERN CALIFORNIA COMMUNITY ASSOCIATIONS FOR NEARLY 29 YEARS

EDITOR’S LINK This will be my last editor’s message as a new chair will take the reins. For the three people who actually read this, thank you. I’m kidding (not about the thank you).

This issue will celebrate the twenty-five years of this chapter. I was barely born twenty-five years ago (just kidding), but a lot has changed in the last twenty-five years. Pertinent to this magazine is how people read and obtain their information. The last twenty-five years have seen a tremendous change in computers, smart phones, tablets, and other innovate technology.

We have seen the death of many newspapers as many people now obtain their news and information online or through an electronic device rather than a physical newspaper or magazine. The days of holding and reading a physical magazine or book may one day be as anachronistic as seeing a payphone.

So when I started as the editor of this magazine, I toyed with the idea doing away with print edition of the magazine and only having an online or electronic version. That idea was met with resistance and there are many who still believe an actual print magazine is beneficial and needed. There are many who still appreciate the feel of an actual magazine, newspaper,

Observations & Perspectives Continued from page 11

scheming community association volunteer leaders also helped kill it.

All tolled, it’s this advocate’s first-hand experience that causes the perspective of this article to seem somewhat disheartening. And that’s unfortunate, especially since future legislative proposals can enhance (or negatively impact) fully one third of the entire housing element in California.

BUT, there is one simple remedy that has proven over time to be most effective in turning what seems a disheartening trend into the inspirational and proactive. We see it happening today in the presidential campaigns. That simple remedy is GRASSROOTS INVOLVEMENT. CAI members really need to respond to the call, engage in the fight for positive community association legislation and reputation-building, set out the facts, and pressure their legislators to vote the right way. And, the media will undoubtedly respond positively when the people who live in community associations tout their positive features and benefits. Naysayers and association opponents will be quieted. Community association homeowners will win and our California communities will be even better for it.

CAI chapters can mobilize their members to positive legislative action on behalf of community associations with the alerts that CLAC sends to them. There is truly strength in numbers. CAI needs to muscle up. You can be a part of it.

or book. I see the value in having a physical magazine. This magazine is available in both print and online. But, maybe one day, you’ll only be able to read this in the cloud…

(Special thank you to DJ Conlon – I just get the fancy title of being editor but you do not get enough of the credit for all your hard work as executive director of this chapter and the person who actually puts this magazine together.)

Cang N. Le is a partner with the law firm of Adams Stirling PLC and manages the firm’s Inland Empire offices. You can reach him at cle@adamsstirling.com.

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ISSUE FOUR 2015 • CONNECT WITH GRIE

Skip Daum interned for two lobbyists in Sacramento after 10 years in the United States Air Force as an instructor navigator, and started his own advocacy firm, Capitol Communications Group in 1978. During his tenure he has served more than 30 professional and trade associations in numerous industries. CAI has been a client of Skip's since 1994.

2015 Court Decisions

In 2015, California courts published opinions covering a number of hot topics for common interest developments. This article explores three recent cases of which board members and managers should be aware.

SHORT TERM RENTALS Watts v. Oak Shores Community Assn., (2015) 235 Cal. App. 4th 466 Oak Shores Community Association has a significant number of absentee homeowners who rent their homes to short term vacation renters. The association has a seven day minimum rental period rule and charges an annual $325 fee to all owners who rent their homes. There are other fees and rules which apply to owners who rent their homes to short term vacation renters.

The Watts ran a vacation rental business with their Oak Shore homes. They disagreed with the short term rental rule and fees imposed only on absentee owners on the basis that fees exceed the amount necessary to defray the costs for which they are levied, in violation of Civil Code Section 5600. In the ensuing litigation, he trial court found the association’s rules and fees to be reasonable and in compliance with the association’s governing documents and Section 5600.

On appeal, the court extended the judicial deference rule in Lamden v. La Jolla Shores Clubdominium Homeowners Continued on page 16

BY TRACY F. LINKOWSKI, ESQ.

CONNECT WITH GRIE • ISSUE FOUR 2015

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2015 Board Appreciation

Association Volunteer of the Year Linda Cooley

Hall of Fame Inductee Pamela Voit, CMCA, AMS, PCAM

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2015 President Nancy Sidoruk & 2016 President Dana Mathey, CMCA, AMS, PCAM

Business Partner of the Year Ashley Hibler

Industry Innovation Avalon Management Group, AAMC Mark Jones, PCAM

ISSUE FOUR 2015 • CONNECT WITH GRIE

Chairperson of the Year Kimberly Lilley, CMCA, CIRMS Public Relations Committee

Manager of the Year Betty Roth, CMCA, AMS, LSM, PCAM

Swearing in the 2016 Board of Directors

Committee of the Year – Education Comm

President's Award Recipient Jeremy Wilson, CMCA, AMS, PCAM

R

Article of the Year – Written By Erin Maloney, Esq. (not pictured) Peter Racobs received

Community Association of the Year (Large) Chardonnay Hills HOA – Managed by Avalon Management Group, AAMC

mittee

Rising Star – Ashley Hibler

Rising Star – Carly Burns, CMCA

Article of the Year – Written

By Rosy Amlani, PCAM (not pictured)

Community Association of the Year (Small) - Canyon Lake Villas - Managed

by Avalon Management Group, AAMC

2015 President Nancy Sidoruk, Esq & Emcee Angelo Tomiselli

Community Association of the Year (XL) – Wild Rose Ranch Community Association – Managed by Walters Management, AAMC

Manager of the Year Jeremy Wilson, CMCA, AMS, PCAM

CONNECT WITH GRIE • ISSUE FOUR 2015

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Observations & Perspectives Continued from page 11

2015 Court Decisions Continued from page 13

Assn., (1999) 21 Cal. 4th 249, to board decisions concerning matters other than maintenance, to include decisions to adopt rules and impose fees. Lamden ruled that courts will generally uphold decisions made by boards as long as the decisions are made in good faith, consistent with the governing documents, and comply with public policy. Watts argued that judicial deference should not apply because the rules and fees did not relate to maintenance. The appellate court found nothing in Lamden limits judicial deference to maintenance decisions and that associations are best operated by the board of directors and not the courts.

Another important holding was the application of a “proportionality test” in determining the reasonableness of the fees imposed by the association.

The appellate court determined that nothing in Section 5600(b) requires an exact correlation between the fee assessed and the costs for which it is levied, and that the most reasonable interpretation of Section 5600(b) is that it requires nothing more than a reasonable good faith estimate of the amount of the fee necessary to defray the cost for which it is levied.

This case is important because it extends the scope of the judicial deference granted to board decisions, thereby limiting the ability of those who wish to challenge a board’s well-reasoned decisions. The case also establishes that when adopting reasonable rules and fees, a board does not have to prove an exact correlation between the fee imposed and the cost for which it is levied.

HARD SURFACE FLOORING Ryland Mews Homeowners Assn. v. Munoz, (2015) 234 Cal. App. 4th 705 When Ruben Munoz and his wife moved into an upstairs unit in the Ryland Mews Homeowners Association, he replaced the carpets with hardwood floors to accommodate

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ISSUE FOUR 2015 • CONNECT WITH GRIE

his wife’s severe dust allergy, without obtaining approval from the association.

After installation, the downstairs occupants complained about amplified sound transfer through the floor. The association commenced enforcement proceedings and eventually requested Mr. Munoz participate in alternative dispute resolution (ADR) pursuant to the Davis-Stirling Common Interest Development Act. The association’s letter requesting ADR included a portion of the ADR statute but not the entire ADR statute (Civil Code Sections 5930-5965) as required. Mr. Munoz did not respond to the ADR request. The association filed a lawsuit for injunctive and declaratory relief.

The trial court granted the association’s request for preliminary injunction, ordering that Mr. Munoz obtain a contractor proposal to modify the floors consistent with the association’s regulations and to cover 80% of the flooring area with throw rugs to reduce the sound transmissions as an interim measure. Mr. Munoz appealed, contending that the court did not have jurisdiction because the association’s ADR request did not comply with Civil Code Section 5935(a)(4) which requires the entire ADR statute be included.

The appellate court affirmed the trial court decision, finding that Mr. Munoz cited no authority to support his claim that he was prejudiced by the association’s failure to provide a complete copy of the ADR statute as Mr. Munoz had ignored the request, implicitly rejecting the request by not responding in the 30 day time period.

Nor did Mr. Munoz assert that had he received a full copy of the statute that he would have accepted the association’s request or establish that there was any confusion regarding his rights under the statute. The appellate court also upheld the injunction as being a reasonable compromise and reflected a balanced consideration of the circumstances of everyone involved.

The issue of hard surface flooring in upstairs units is a difficult enforcement

issue for many associations. This case upholds an injunction against hard surface flooring installed without association approval. It also establishes that a technical deficiency in a statutory notice, under the circumstances of this case, may not be substantial enough to render the notice invalid.

ATTORNEYS’ FEES Tract 19051 Homeowners Assn. v.

Kemp, (2015) 60 Cal. 4th 1135

Under California law, generally, each party to a lawsuit must ordinarily pay his or her own attorneys’ fees.

The Davis-Stirling Common Interest Development Act (Act) creates an attorneys’ fee exception at Civil Code Section 5975, which awards reasonable attorneys’ fees and costs to the prevailing party in an action to enforce the governing documents of a common interest development.

The Tract 19051 Homeowners Association was subdivided in 1958.

By its own terms, the association’s CC&Rs expired in 2000 and contained

no provision for extending that date. In 2006 homeowner Maurice Kemp bought a lot in the association and commenced extensive remodeling in violation of the height and setback requirements in the association’s CC&Rs. The association filed suit against Kemp for violations of the association’s CC&Rs. The trial court concluded that the association failed to establish that it constituted a common interest development within the meaning of the Act, rendering judgment in favor of Kemp and awarding attorneys’ fees under Section 5975. The court of appeal agreed that the association failed to prove that it was a common interest development; however, it reversed the attorneys’ fee award.

At the California Supreme Court, the association argued that if it is ultimately determined in the litigation that a common interest development does not exist, there is no action to enforce the governing documents within the meaning of Section 5975.

The Court concluded, however, that

because Section 5975 says that the prevailing party is entitled to recover attorneys’ fees, the statute must be interpreted to be reciprocal, and recovery is based solely on the basis of the association’s action to enforce its governing documents, and not whether the court ultimately determines that an association is a common interest development.

This case is significant for upholding the reciprocity of the attorneys’ fees provision of Section 5975 applicable to associations in actions to enforce governing documents. Had the association prevailed, it would have been awarded its attorneys’ fees, and denying the homeowner an award under the statute would violate the reciprocal nature of the statute.

Tracy F. Linkowski, Esq. is an associate with the law firm of Peters & Freedman, L.L.P., a full-service law firm representing associations in Southern California.

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CONNECT WITH GRIE • ISSUE FOUR 2015

| 17

The Past is Prologue: Security Issues Then and

By Jon H. Epsten, Esq., CCAL

W

hen I was the Chapter President in 1998, we dealt with some hot topics, including assessment collection issues, reserve funding, and manager licensing and education. But during the 80s and 90s, perhaps one of the most hotly contested topics involved community security.

The first question was whether or not community associations should provide security? And, if an association takes on some measure of security, what should it be called?

“Security?” “Limited-Access Control?”

“Neighborhood Watch?” “Safety Patrol?” It was a tough call at times.

Boards liked the idea of calling their community a “security-patrolled project,” thinking the term added 18 |

ISSUE FOUR 2015 • CONNECT WITH GRIE

value to the neighborhood. Attorneys, on the other hand, struggled with the definition of these terms, concerned that calling a service “security” would heighten owner dependence on the community-provided service and expose the association to liability in the event of an incident.

So, does the title of the provided service really matter or is it more important that the limitations of the service be clearly defined? The scope of any security services provided by an association far outweighs the importance of the title. Actually, associations should still be discouraged from using the word “security,” and preferably refer instead to “patrol” services. With this in mind, consider the following issues and realworld examples.

Once a board decides upon the type of “security” service the association will provide, the very first step is communicating the scope and limitations of the service to the residents and members. This is no less important today than it was twenty-five years ago. A typical first reaction from board members at this recommendation is, “Oh No! We are giving thieves and vandals a road map to terrorize our property.” To clarify, circulating specific details of who, what, where and when security will be on-site is not recommended. Boards should instead provide the membership a simple outline of the parameters of services provided. For example, have you ever heard a resident complain that a security officer at the front gate failed

World Violence in Your Backyard: Personal Observations This past weekend, I read of a stabbing inside of a home in a calm, beautiful, upscale community. The victim stumbled across the common areas, leaving a trail of blood, leaving the association to address the neighborhood horror and disbelief. Two weeks ago, I heard about a shoving match involving several members of a senior community that left some emotional scars for not only those involved, but those witnessing the incident. Six weeks ago, I’m told a resident cold-cocked an 80-year-old board member. Last year, a manager told me of an open meeting at which both board members and owners arrived brandishing weapons and issuing threats. And in yet another instance, a fight broke out between board members and owners that led to two arrests and several people going to the hospital.

Now

Let’s face it – tragically, it appears the world is becoming more violent. And people living within our communities seem to be becoming more hostile toward boards and management (and if it makes you feel any better, lawyers.) In just the past twelve months, members of our firm have received no less than three homeowner threats of physical violence. As a result, we have implemented emergency lockdown procedures, installed surveillance cameras and internal alarms, and generally heightened the awareness of our staff. Our communities are becoming a reflection of society in a broader sense, now more than ever before. Certainly, some board members seem to deliberately incite hostility, as do some managers and attorneys I have known. There are disgruntled owners who feel emboldened and empowered by negative press about community associations. And very few of us are trained to negotiate with people hovering on the brink of violence.

to respond to his security alarm?

Common sense should dictate that it is not the front gate officer’s job to leave his post and respond to an individual alarm. But does the resident have that expectation?

Does the security officer clearly understand the limitations of his or her role?

Example: A board terminated its security company because one of its officers was routinely helping owners carry groceries and packages up to their condominiums, leaving a “be back in 10 minutes” sign behind in an open, unattended lobby. The residents were irate when they learned of the termination because they believed that personal Continued on page 20

There is no doubt in my mind that calm, cool temperaments and rational discussion may no longer be sufficient in the face of potentially violent, aggressive behavior – either from board members or from owners, residents and guests. I find myself more and more frequently advising boards to retain a security officer not only for their personal safety, but also to control situations which might otherwise deteriorate to a point that the association may face liability. So, managers and community association volunteers, be informed and be prepared!

CONNECT WITH GRIE • ISSUE FOUR 2015

| 19

The Past is Prologue Continued from page 19

delivery assistance was (or should be) within the front desk officer’s duties.

Example: An association’s front gate officer responded to a domestic disturbance at one of the community’s homes. In his haste to help, the officer left his post, failing to contact the police as he did so. Unfortunately, one of the individuals involved in the disturbance suffered physical injuries.

She made a claim against the officer and the association, alleging that the injuries were the result of the delay in the police being summoned to her home. Clearly, neither the wellintentioned security officer nor the injured resident understood the scope and limitations of “security” at this project.

While issues involving security may be old-hat to many of us old, wizened industry professionals, the same problems continue to plague associations year-in and year-out. And as the number of community and professional associations continues to grow with new community development, the number of board members, managers, security firms and business partners expand proportionately. Continuing education is critical to avoid missteps when it comes to issues of safety and security.

A well-educated manager leads to a well-informed board.

Jon H. Epsten, Esq., CCAL, is the founding shareholder of Epsten Grinnell & Howell, APC, which has offices in San Diego, the Inland Empire and the Coachella Valley.

He is the firm’s senior managing shareholder and general counsel, also overseeing the construction defect and construction law departments. Jon was the 1998 President of CAI-GRIE and is a member of its Hall of Fame.

20 |

ISSUE FOUR 2015 • CONNECT WITH GRIE

BY MATT D. OBER, ESQ., CCAL

The Legislative Year That Was Community Association Legislation 2015

Another legislative year has come and gone, with community associations again coming under scrutiny. Among the more than 2742 bills introduced early in the legislative year, Community Associations Institute (CAI) tracked 55 bills impacting community associations, dealing with a broad range of issues including: drought, artificial turf, clotheslines, transfer fees, disclosures, and electric vehicles Continued on page 22

CONNECT WITH GRIE • ISSUE FOUR 2015

| 21

The Legislative Year That Was Continued from page 21

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AB 348 - Artificial Turf is Allowed In Community Associations, Effective Immediately AB 349, effective immediately as an urgency statute, amends Civil Code § 4735 to make void and unenforceable any provision of an association’s governing documents or policies that prohibit, or include conditions that have the effect of prohibiting, the use of artificial turf or any other synthetic surface that resembles grass. The justification for this being an urgency statute was not only that California is in its fourth year of drought, but also, supposed “stories” of community associations discriminating against homeowners who sought to replace lawns with artificial turf. For years, artificial turf was a subject of dispute between homeowner and association. Given the Governor’s mandate that Californians collectively remove 50 million square feet of lawns to conserve water, it was just a matter of time before the legislature put an end to a community association’s aesthetic control over landscaping within the community, now giving a green light to everything from drought tolerant plants to artificial turf.

AB 349 also adds language to Civil Code § 4735 that allows an owner’s water-efficient landscaping modifications to remain, after the drought related state of emergency has ended.

AB 596 - Modifications to Annual Budget Report Disclosure Requirements - FHA/VA AB 596, operative July 1, 2016, amends Civil Code § 5300 to add subsections (a) 10 and (a) 11, requiring community associations to include in their annual budget reports to members a separate statement describing the association’s status as an approved Fair Housing Administration (FHA) or Department of Veterans Affairs (VA) approved condominium project. Despite strong opposition by CAI-CLAC as unnecessary and inefficient, the bill 22 |

ISSUE FOUR 2015 • CONNECT WITH GRIE

requires each such disclosure to be in at least 10-point font on a separate piece of paper.

The disclosure must include specific language about the certification and indicate 1) whether the community association is a condominium; and 2) if so, whether the condominium is FHA or VA certified.

AB 786 - Use It Or Lose It - Fines Okay For Those Not Using Recycled Water In 2014, while prohibiting an association from fining owners for the consequences of reducing or eliminating watering during a drought related declared state of emergency, the legislature carved out an exception allowing fines against owners in communities that use recycled water for landscape irrigation. AB 786 reverses that short-lived exception. This bill amends Civil Code § 4735 adding subsection (d) allowing a community association to fine or assess an owner that receives recycled water and fails to use it.

AB 786 was a surprise. Originally drafted to require an association to irrigate all of its common areas with recycled water in order to be able to fine an owner for not watering and enforce its watering rules, even if an owner received his own recycled water but didn’t use it. As enacted, the bill applies only to members who fail to water when they receive recycled water.

AB 807 - Transfer Fees - Notice Must Recorded Before December 31, 2016 The legislature seems ever concerned about hidden fees that are imposed upon transfer of real property.

It seems every few years the legislature comes up with new complicated transfer fee disclosure requirements, or seeks to tweak those already in place. 2015 is one of those years. AB 807 amends Civil Code § 1098 regarding fees imposed by deed, covenant or other document affecting transfer of real property that requires a fee be paid upon transfer.

Existing law requires that as a condition of payment, the one imposing the fee

to record a document describing the transfer fee and certain specifics of the fee imposed, along with a specified disclosure about the transfer fees due.

Existing law carved out an exception for any fee contained in a document (other than CC&Rs) recorded against the property on or before December 31, 2007. The information about the transfer fee must not be incorporated by reference from another document.

This bill adds a requirement for transfer fees recorded on or before December 31, 2007. The exception from recording this additional transfer fee notice does not apply to any such fee that is 1) not separate from the CC&Rs or 2) incorporated by reference from another document. In other words, for any transfer fee that is contained within the CC&Rs or that has been incorporated by reference from another document, that transfer fee is unenforceable unless a separate document prepared in accordance with Civil Code § 1098 is recorded on or before December 31, 2016.

Continued on page 24

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CONNECT WITH GRIE • ISSUE FOUR 2015

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The Legislative Year That Was Continued from page 23

AB 1448 – Not In My Back Yard - Except Clotheslines and Drying Racks AB 1448 adds Civil Code § 4750.10 to require associations to allow members’ clotheslines and drying racks in order to promote energy conservation. The bill limits such conservation methods to an owner’s designated exclusive use common area backyard. Balconies, railings, or any part of the building structure shall not be utilized for these devices.

As with virtually all other environmental-related legislation that places restrictions on an association’s ability to prohibit such conservation measures, AB 1448 allows reasonable restrictions on backyard clotheslines and drying racks, so long as such reasonable restrictions do not “significantly increase” the cost of using such devices.

Celebrating over 40 Years as

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AB 1236 – No Conditions To Electric Vehicle Charging Station Approval by Local Government In 2014, the legislature determined that with respect to solar energy systems, perceived delays caused by conditioning a local government’s approval of solar equipment were not acceptable, and prohibited a city or county from conditioning its approval of the solar energy system on the association’s approval. AB 1236 extends this law to city and county approval of electric vehicle charging stations.

An association will no longer be able to rely on a city or county requiring an association to approve an electric vehicle charging station before an owner receives his permit to proceed. This author recommends, therefore, that associations adopt EVCS installation policies, and become proactive in making owner’s aware that approval by the association is separate and apart from approval by the city or county.

Moreover, the specific EVCS Civil Code statutory mandates must be satisfied prior to installation. AB 1236 does nothing to change the owner installation requirements contained in Civil Code § 4745.

SB 655 – Fines and Criminal Prosecution for Mold

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ISSUE FOUR 2015 • CONNECT WITH GRIE

Senate Bill 655 mandates that building owners in multi-unit residential buildings, and possibly association managers, remedy mold or face fines and possible criminal prosecution. The bill’s language is unclear at best particularly since the definition of what constitutes mold is not scientifically established. The law declares “substandard” any building or portion of a building that has visible mold growth, mold being loosely defined as microscopic organisms or fungi that can grow in damp conditions in the interior of a building.

Swimming Pool Maintenance Requirements Recent changes in swimming pool regulations (Title 22 and 24 of the California Code of Federal Regulations) significantly impact how associations service their community pools. To begin with, the Health & Safety code now includes within its definition of public pools, pools within private community associations. Other significant changes include: (a) strict monitoring of pools, (b) availability of written maintenance records, (c) mandated health restrictions for employees and (d) daily testing of pool water for community associations with 25 or more separate interests.

Associations are urged to make sure their pool service vendor is complying with the new pool regulations.

Still To Come…

Not every bill makes it to the Governor’s desk, or is signed into law.

A few bills float around as two-year pieces of legislation. Others are not quite ready for prime time and are vetoed only to make their way back before us in the future. One significant piece of legislation we will continue to track is AB 1335 which is likely to find its way back before the Governor in one form or another. This bill sought to impose a $75 fee on each recorded document up to a maximum of $225 per each single transaction per parcel of real property, with certain exceptions.

The stated goal of the legislation is to pay for more affordable housing.

While the goal is praiseworthy, the bill’s special carve out for single property sales results in millions of dollars of “exempted” fees, and makes charging non-profit associations these fees seem excessive, unfair and improper. AB 1335 is currently stalled in the Assembly and likely to be addressed during the next legislative session.

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Matt D. Ober, Esq., CCAL is with the law firm Richarson Harman Ober PC, which has been practicing Common Interest Development Law for over 20 years.

CONNECT WITH GRIE • ISSUE FOUR 2015

| 25

Western Municipal Water District: Ready to Meet the Challenges of Drought and Beyond

BY JOHN ROSSI

A

state mandate requiring all to do more with less water is definitely a challenging situation for California water agencies and their customers, including Western Municipal Water District.

Long before these most recent drought and related mandatory water-use restrictions imposed

by Gov. Brown, Western was ahead of the curve by implementing water allocation-based rates, providing rebates and offering workshops to help customers save more water for a sustainable future.

Much like the majority of Southern California, Western, which covers a 527-square mile area in Riverside County, is in a semiarid region. Little water received by way of natural sources is a result of being in this locale; rainfall in our region is roughly 11 inches per year. Western purchases a majority of its water supply from the Metropolitan Water District of Southern California, which imports water from both the western and eastern Sierra Nevada ranges – distant sources in Northern California and the Colorado River Basin.

California – one of seven states, as well as Mexico, that rely on water from the Colorado River – has seen its share diminish due to growing populations in these states. Supplies from Northern California have been limited by regulatory and environmental concerns.

And if that isn’t enough – both sources are in the midst of long-term droughts.

To secure a reliable supply for our customers, Western has invested in a source diversification strategy that includes desalting brackish groundwater from the Chino and Arlington basins, capturing flows from the nearby Santa Ana River Watershed by way of the Seven Oaks Dam, and investing in water recycling –using the right source for the right use. But that’s just part of the District’s water reliability strategy.

The other part is going beyond short-term conservation measures to promote the long-term benefits of water use efficiency through programs and educational workshops encouraging customers to increase water savings that helps to prolong availability of this precious resource.

This approach included a 2011 implementation of allocation-based rates that assigned a water allotment for each property based on landscape size and number 26 |

ISSUE FOUR 2015 • CONNECT WITH GRIE

of occupants per dwelling. Another example is the creation of customer-support programs such as free water-use efficiency evaluations, free sprinkler nozzles, and rebates for water-saving fixtures, appliances and turf replacement.

Also, more than 25 years ago, Western created the Landscapes Southern California StyleSM public garden featuring more than one-acre of water-efficient plants, materials and irrigation systems to demonstrate climateappropriate landscapes.

The result of these actions is nearly a 30 percent reduction in water usage since 2010. This is prior to the Governor’s most recent mandate that has required Western to reduce usage by an additional 32 percent.

To meet the additional conservation requirement, the District’s Board responded by reducing outdoor water budgets by 30 percent and eliminated the middle tiers to specifically target repeat water wasters.

Since June, the agency and its customers have come close to the 32 percent target achieving a cumulative 29 percent reduction through September 30. Continued strategic customer outreach, and the prospect of El Niño’s delivery of needed rainfall may help to reduce outdoor demand, making the community goal more attainable.

While El Niño may provide some relief, it shouldn’t be looked at – regardless of the impressive “Godzilla” name – as the be-all and end-all to our drought. The El Niño phenomena is associated with warm ocean waters, which don’t produce snowpack levels needed to bolster water supplies. Also, it took more than one dry year to create the drought; it will likely take more than one wet year to recover.

Western will continue to do what’s necessary to assist customers in being water-wise and secure the water supply for our customers.

General Manager John Rossi is responsible for the planning, direction and management of the water, wastewater, nonpotable and recycled water activities and operations development for customers of Western Municipal Water District, a wholesale and retail water provider to approximately 1 million people in Riverside County, California.

M

ilestone anniversaries are times when we reflect upon the past. So it is fitting that we should reflect some on the 25-year history of the Greater Inland Empire Chapter of CAI. When the Chapter was founded in 1990, there was one thing that its founders all agreed on; that was that the number of community associations in the Inland Empire would grow and that community association services in inland Southern California would need to expand to serve the growth of those associations.

Ironically, soon after the Chapter was founded, the Southern California real estate market entered a recession, brought on by reduced defense spending and the savings and loan crisis. Building and sales in planned communities slowed or even halted during the recession. But the Chapter itself continued to grow throughout the 90s as homeowners and industry professionals appreciated the educational opportunities that the Chapter was providing at inland venues as well as the opportunity to network with others in the community association field.

Attending a Chapter event these days is a marvel to behold. But in the early-90s, when we were renting classrooms at the UCR Extension Center for educational programs and struggling to fill a small room, we could not envision the Chapter filling a convention center ballroom with hundreds of attendees as it does in 2015.

Of course, the Inland Empire community association service industry has also grown greatly over the past 25 years. In 1990, there were a few management companies, and one law firm in the area, primarily or exclusively serving associations, which were involved in the Chapter's formation. Today a great large number of firms providing a wide variety of services focus, in whole or in part, on common interest developments.

Boards now have a vigorous marketplace in which to shop for services for their communities.

Today, having recovered from the even more severe 2008-2009 recession, residential development is on the upswing, and more associations are again coming on-line in the Inland Empire. Those associations have a wonderful resource in the Greater Inland Empire Chapter, and the volunteers who have served the Chapter over the past 25 years should be congratulated for their dedication and commitment.

25

YEARS OF GROWTH

By Peter E. Racobs, Esq.

Mr. Racobs has been a member of the California State Bar since 1983. He is Vice President, a senior shareholder and Director of Fiore, Racobs & Powers and senior supervising attorney of the Firm's Inland Empire office in Riverside.

Mr. Racobs is a past President and Vice President of the Greater Inland Empire Chapter of Community Associations Institute, which awarded him its first Outstanding Service Award in 1993. In 1995, Mr. Racobs was also the first inductee into the Hall of Fame of the Greater Inland Empire Chapter of Community Associations Institute.

CONNECT WITH GRIE • ISSUE FOUR 2015

| 27

It Just Keeps Getting Better and Better

By Robert Riddick, CMCA

T

his year, the city of Long Beach had the honor, for the second time, to host the 6th Annual “CAI Legal Forum: California Communities” event. And, as in the past, the event surpassed in its delivery of presentations what it had accomplished each and every preceding year the event has taken place.

For starters, and especially for those of you who aren't familiar with the Legal Forum, here's a bit of background: Several years ago, CAI National had been receiving an overwhelming number of requests to provide a program that was geared towards enlightening its members (33,000-strong today) on the issues that had California-specific legal impacts on the HOA industry here in our State. At the same time, it was recognized that another California-based professional HOA-driven organization, made up of both association managers, management companies, as well as business partners, had been, for years, providing that specific kind of educational programs to its members.

As a result, and with much encouragement from its members (California especially), CAI launched its first “bundled” series of legal seminars and workshops that were geared specifically to the California 28 |

ISSUE FOUR 2015 • CONNECT WITH GRIE

environment, and called it appropriately the “CAI Legal Forum: California Communities.” That first event took place in October of 2010 in the city of Irvine, California. Little did anyone -- at the time know -- to expect the tremendous response it drew in the way of participation by our California CAI members.

The initial Legal Forum took full advantage of marshaling the combined efforts of the eight California CAI chapter Executive Directors, a staff of well-versed national CAI representatives, our own CLAC (California Legislative Action Committee) representatives, and most importantly, the interest and enthusiasm of CAI chapter members statewide, that helped to develop an impressive and substantially robust curriculum of legal topics.

As a result, and following the dedicated efforts of producing five previous Legal Forums, it has now evolved into the premier platform for becoming

educated on the latest legal aspects of living in, the managing of, or the business support for planned communities within the state of California.

This year, as one could imagine, was no exception to the rule of providing the most essential legal information as it pertains today to our industry, and specifically as it's applied here in California. Also this year, as in the past, there was absolutely no argument that by attending the Legal Forum you would leave better informed, more knowledgeable, and better equipped to deal with the myriad of challenges one faces on an almost daily basis when it comes to planned communities.

An added-value aspect this year was the inclusion of the California Common-Interest Development (CID) Law Course. This eight-hour, pre-forum session was an in-depth legal course designed for community managers, association board members, and attorneys in California. It was presented by experienced community association attorneys, and was the most comprehensive legal course available covering California and federal laws affecting community associations.

Attendees were given an opportunity to gain a clear understanding of the Davis-Stirling Act, California Corporations Code and common law as they relate to CIDs. Some of the topics covered included: conflict of interest, governance, board members’ fiduciary duties, operations, homeowners rights and responsibilities, finances, reserves and assessment collections, meetings

(notices and voting), rules enforcement and disclosure requirements and CID and board liability.

Whether you attended as a community association volunteer leader (CAVL), as a manager, or as a business partner, there was plenty of information in the form of workshops and seminars, as well as round-table-type presentations, there was no disputing that there was more than plenty of educational information provided for you to digest during the day-long event. Topics including how to deal both legally as well as effectively with our California drought, to protecting the board and association from the so-called “rogue director," to how to deal realistically with cyberspace, social platforms and how they can -- or even whether they should -- be integrated into how you govern your associations.

And, even workshops that dealt with how managers could deal with those “scary association issues every manager should try avoiding.” You name it, there was probably an educational program that addressed it, and more importantly, from a California-centric legal position.

And, to top it off, this year we continued the tradition of incorporating as CLAC fund-raisers, our now-annual silent auction, along with our Benefit Fundraiser event on Thursday evening.

Both were outstanding successes. Our own Betty Roth, CMCA, AMS, LSM, PCAM, almost single-handedly, was able to secure support from several of our business partner members in order for us to provide a fabulous Greater Inland Empire Excursion basket for the silent auction. The Benefit Fundraiser event held at the nostalgic and iconic Federal Bar Parlour, in downtown Long Beach only added to the exceptionalism of the overall program that makes the annual Legal Forum so noteworthy, not only for its scope and presentation, but also because it is one of the few venues where every stakeholder within our industry can get together and participate in being a part of nothing less than the most valuable educational programs available to those of us who flourish within our important industry.

To those who were there with me this year, I'd say unequivocally, that you received the “best of the best,” educationally-speaking, by your participation at our Legal Forum: California Communities. For those who missed it, you definitely don't want to repeat that mistake next year.

Hopefully, we'll see you all at our 2016 event in Indian Wells.

CAI-CLAC

2016 LEGISLATIVE DAY AT THE CAPITOL

Robert is the current President of the Sunnymead Ranch PCA, and past GRIE Chapter President as well. He is also serving his fifth year on the CAI National CAVC committee, and is a past CAI National Board of Trustees member. He ended his sixth year as a GRIE Chapter Board member at the end of 2014, and currently serves as the CAI-GRIE CLAC Liaison. He also serves as a Director on the CAI Foundation for Community Association Research.

SAVE THE DATE!

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CONNECT WITH GRIE • ISSUE FOUR 2015

| 29

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ISSUE FOUR 2015 • CONNECT WITH GRIE

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